Patna High Court
Priyanka DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Given the petitioner’s clean antecedent, non‑compliance of Section 50 and the fact that the seized quantity is below the commercial threshold, the court held that bail should be granted.
Summary
Priyanka Devi was arrested on 11 February 2026 in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 765 grams of ganja recovered from her. She pleaded that she has a clean antecedent, was falsely implicated, and that the mandatory provisions of Section 50 of the NDPS Act were not complied with, while the quantity seized was below the commercial threshold, negating the embargo under Section 37. The State opposed bail. The High Court, after considering these facts, granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, presence in court, and verification of antecedents. The order emphasized that bail should not be delayed for verification purposes. The bail was ordered subject to cancellation if conditions are breached.
Issues considered
- Whether bail can be granted to the petitioner under the NDPS Act for possession of 765 grams of ganja.
- Whether the mandatory provisions of Section 50 of the NDPS Act have been complied with.
- Whether the quantity seized falls within the commercial quantity triggering an embargo under Section 37 of the NDPS Act.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(B)(ii)(A), 37, 50, 8
Subjects
- NDPS Act
- bail
- possession of narcotics
- commercial quantity
- Section 50
- Section 37
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18504 of 2026
Arising Out of PS. Case No.-43 Year-2026 Thana- KATORIYA District- Banka
======================================================
Priyanka Devi Wife of Ajay Yadav Resident of Village - Turitola, P.S.-
Katoria, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate
For the State : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr. Dhananjay Kumar Pandey, learned
counsel for the petitioner and Mr. Arun Kumar Pandey, learned
APP for the State.
2. Petitioner seeks bail, who is in custody since
11.02.2026, in connection with Katoria P.S. Case No. 43 of
2026, F.I.R. dated 09.02.2026 registered for the offences
punishable under Sections 8, 20(B)(ii)(A) of N.D.P.S. Act.
3. The case relates to recovery of 765 grams of
Ganja.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and she has been falsely
implicated in the present case. He further submits that the
petitioner is wife of Ajay Yadav and Ajay Yadav has opened the
grocery shop in his house and petitioner was sitting in the
Patna High Court CR. MISC. No.18504 of 2026(2) dt.24-03-2026
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grocery shop and altogether 100 small transparent boxes and 47
pieces of cigarettes which was filled up with Ganja was
recovered from the possession of the petitioner and after
weighting total weight was found to be 765 grams Ganja. He
further submits that there is non compliance of mandatory
provision of Section 50 of the N.D.P.S. Act and apart from
aforesaid the recovered contraband is less than the commercial
quantity, so there is no embargo under Section 37 of the
N.D.P.S. Act to enlarge the petitioner on bail and apart from
aforesaid the petitioner having clean antecedent. The petitioner
is in custody since 11.02.2026.
5. Learned APP for the State, on the other hand,
vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and there
is non compliance of mandatory provision of Section 50 of the
N.D.P.S. Act and the recovered contraband is less than the
commercial quantity, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Sessions Judge cum Special Judge
(NDPS) Act, Banka in connection with Katoria P.S. Case No. 43
Patna High Court CR. MISC. No.18504 of 2026(2) dt.24-03-2026
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of 2026, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioner has concealed her
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed her
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
Patna High Court CR. MISC. No.18504 of 2026(2) dt.24-03-2026
4/4
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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